Taking personal responsibility for the welfare and enjoyment of another human being is a worthy cause that can be accomplished through two primary means in Ohio: adoption and guardianship. Each has its own legal restrictions and obligations, and each is subject to its own unique set of in-depth processes and procedures.
If you are thinking about adopting a child or an adult, if you are considering guardianship of a loved one with unique family circumstances or special needs, or if you simply have questions about which option may be best for your situation, understanding the differences between adoption and guardianship will help you begin to make informed decisions.
What is adoption?
Adoption is the process by which a nonbiological parent becomes legally-recognized as the parent of another.
In Ohio, it is possible to adopt both minors and adults, although adult adoptions are permitted only under a specific set of limited circumstances.
Once a person has been adopted, his or her adoptive parents enjoy all the rights (and responsibilities) of parenthood, and the adoptee’s biological parents lose the rights (and are absolved of the obligations) assumed by the adoptive parents.
Unless both sets of parents agree to an open adoption, the adoptee will generally cease contact with his or her biological parents once the adoption process has been completed.
What is guardianship?
Guardianship is used to provide for the financial, legal, healthcare, & personal care needs of an individual, referred to as a ‘ward,’ who is legally unable to meet these needs on his/her own.
This can be the case with a minor whose parents are no longer in the picture, or with an adult who suffers from a physical or mental disability.
A guardianship in Ohio can be established voluntarily (for example, if an adult with a physical disability desires to have a guardian appointed to assist with his or her daily needs), or involuntarily in cases where the ward is considered legally incompetent. A guardian takes on the legal responsibility to adhere to the terms of the guardianship, and his or her activities with regard to managing the ward’s affairs are subject to oversight by a judge.
What are the primary differences between adoption and guardianship?
Adoption and guardianship proceedings establish fundamentally-different relationships, and each offers different benefits under different sets of circumstances. Some of the primary differences between adoptions and guardianships include:
Biological Parental Relationship
With a guardianship, the ward’s relationship with his or her parents, whatever it may be, remains intact. The guardian does not take on the legal role of a parent, in contrast to a legal adopter. However, a guardian may petition the court for restrictions on the parents’ contact with the ward.
Timespan of Relationship
Under appropriate circumstances, a guardianship can be temporary (for example, if a minor needs to have a guardian appointed until he or she reaches age 18). However, adoption always establishes a permanent parent-child relationship.
Level of Obligation
With an adoption of a minor, the parents take on the responsibility to meet their adopted child’s financial needs. In contrast, while a guardian may be responsible for managing the ward’s finances, the guardian generally does not have an obligation to provide direct financial support for the ward.
Contact Laubacher & Co. for a Free Consultation
Laubacher & Co. is a Cleveland family law firm that represents individuals and families in all aspects of adoption and guardianship proceedings in Ohio. If you have questions and would like to speak with an attorney, we encourage you to call (855) 522-5569 or contact us online to schedule a free consultation.
Talking about divorce is tough. While it gets easier as time goes on, when you are still in the process of considering your options, it can tough to admit to anyone that you are thinking about bringing your marriage to an end.
But, when it comes to speaking with your divorce lawyer, it is important to be as open as possible. This is why we strongly recommend choosing a lawyer with whom you feel comfortable discussing your personal, family and financial circumstances. In order to provide accurate advice and help you avoid mistakes that could have a detrimental impact on your divorce, your lawyer will need to have a clear understanding of all of the information that will play (or that has the potential to play) a role in the process.
What Your Lawyer Needs to Know: 7 Key Pieces of Information
With these considerations in mind, here are some of the key pieces of information your divorce lawyer will need to know:
1. Your Current Assets and Income
Early in the divorce process, both spouses are legally required to exchange information about their respective assets and income. If you withhold information – accidentally or on purpose – this can have potentially significant ramifications for your divorce. In order to prepare the necessary disclosures, your lawyer will need a comprehensive picture of your current financial status.
2. You and Your Spouse’s Separate Property
Under Ohio law, only spouses’ “marital assets” are subject to division during their divorce. Any assets that you or your spouse owned prior to the marriage will generally be excluded (although, there are certain exceptions, and certain assets acquired during the marriage – such as those received as a personal gift or inheritance – can qualify as separate property as well). In order to help you accurately assess your options with regard to the equitable distribution of your marital estate, your attorney will need to know which assets are (and are not) on the table.
3. Current Child Custody and Child Support Arrangements
If you have children from a prior marriage or non-marital relationship, your current child support and custody arrangements could potentially impact the determination of child custody, visitation, child support and alimony in your divorce. Of course, the same holds true for your spouse as well.
4. Steps in Anticipation of Divorce
Have you or your spouse moved out of the family home? Have you had any discussions about the possibility of getting divorced? Any steps that you and your spouse have already taken could have an impact on the rest of the process, so you will need to make sure your lawyer is fully up to speed.
5. Infidelity
While most divorces are filed on a no-fault basis, Ohio law still recognizes infidelity as a form of marital “fault.” Even in a no-fault divorce, infidelity can play a role in certain aspects as well.
6. The Current State of Your Relationship
Are you and your spouse able to have productive discussions about your relationship? Are you at least on speaking terms? Or, have communications broken down entirely? While there are ways to get combative spouses on board with mediation or the collaborative method even under highly-contentious circumstances, your attorney will need to understand the current state of affairs in order to determine the best path forward.
7. Your Goals Regarding the Outcome of Your Divorce
Finally, when preparing for a divorce, it is important to think critically about what you hope to achieve from the process. What are your goals regarding child custody and visitation? Are there specific assets you want to keep? Will you need to seek alimony? The more you can share about what you want, the more-effectively your lawyer will be able to represent your interests in your divorce.
Speak with a Cleveland Divorce Lawyer at Laubacher & Co.
If you live in the Cleveland area and are thinking about filing for divorce, we encourage you to contact us for a free, no-obligation consultation. To speak with an experienced Ohio divorce lawyer in confidence, please call (855) 516-1397 or request an appointment online today.
Whether you and your spouse agree to pursue an amicable divorce or you are forced to fight for custody of your children in court, at the end of the divorce process, you should have a clear understanding of your rights and obligations with respect to providing for and raising your children. But, as a recently-divorced parent, you are still likely to have several questions – questions which many parents facing similar circumstances have asked before.
As you prepare to go through a divorce with children in Ohio, it is important to have as much information as possible. Here are answers to three common questions about parenting after a divorce:
1. What Are Your Options if Your Children Refuse to Visit Your Former Spouse?
Despite you and your spouses’ best efforts to structure a workable parenting plan, your children may at some point want something different. If your children refuse to attend regularly-scheduled visitation with your former spouse, it is important to understand that your parenting plan (which has the effect of a court order) takes precedence over your children’s desires.
While this type of scenario can be difficult, parents must not forget that they are the adults in the relationship. Parents should not let their children dictate visitation terms any more than they should let their children stay up all night eating candy.
Here are a few things to think about:
Help your children understand the situation as much as possible.
Consider whether something you may have said or done could have influenced your children to not want to spend time with your co-parent.
Ask your children why they do not want to visit with their mother or father.
Find a way to respond to your children that facilitates bringing your children and your co-parent together.
However, if your children have a significant reason for not wanting to visit – for example, if your co-parent is abusive or habitually drunk – then this is a different story. Custody and visitation arrangements should always serve the best interests of the children. If your children are potentially unsafe during visitation, then you may need to seek a modification of your parenting plan right away.
2. Can I Legally Change My Children’s Last Name After My Divorce?
While parents who are in agreement can generally change their children’s surname with minimal headaches, seeking to change your children’s surname when your former spouse objects can be much more challenging. In order to obtain a name change without your former spouse’s approval, you must be able to demonstrate that the change is in your children’s best interests. Similar to establishing custody, this requires the courts to consider a number of factors, including:
The length of time your children have used their current surname;
The effect of the name change on your child’s relationship with your former spouse;
Your children’s identification as part of a family unit;
Any embarrassment, discomfort, or convenience your children are likely to experience as a result of the name change; and,
Your children’s preference, if they are of sufficient age and maturity.
3. After a Divorce, Which Parent(s) Can Claim Their Children as Dependents for Tax Purposes?
The short answer is: It depends. As a general rule, “only one person may claim all the child-related tax benefits for a child, including the dependency exemption, the child tax credit, the dependent care credit, the exclusion for dependent care benefits, head of household filing status, and the [earned income tax credit (EITC)].”
Also according to the IRS, “[o]nly the custodial parent may claim the dependent care credit. . . [and u]sually, only the custodial parent may claim the EITC.”
However, there are some important exceptions; and, generally speaking, divorcing spouses have the ability to negotiate with regard to the tax benefits of being a parent. As you go through the divorce process, it will be important to keep these issues in mind so that you can minimize your post-divorce uncertainty as much as possible.
For more information about the child-related aspects of getting divorced in Ohio, we encourage you to read our child support and child custody FAQs.
Schedule a Free Divorce Consultation at Laubacher & Co.
If you live in the Cleveland, OH area and are contemplating a divorce, we encourage you to contact us for a free, no-obligation consultation. To speak with one of our experienced Ohio divorce lawyers in confidence, please call (855) 522-5569 or inquire online today.
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What is the Difference Between Adoption and Guardianship in Ohio?
/in Adoption, Guardianship /by Eric LaubacherIf you are thinking about adopting a child or an adult, if you are considering guardianship of a loved one with unique family circumstances or special needs, or if you simply have questions about which option may be best for your situation, understanding the differences between adoption and guardianship will help you begin to make informed decisions.
What is adoption?
In Ohio, it is possible to adopt both minors and adults, although adult adoptions are permitted only under a specific set of limited circumstances.
Once a person has been adopted, his or her adoptive parents enjoy all the rights (and responsibilities) of parenthood, and the adoptee’s biological parents lose the rights (and are absolved of the obligations) assumed by the adoptive parents.
Unless both sets of parents agree to an open adoption, the adoptee will generally cease contact with his or her biological parents once the adoption process has been completed.
What is guardianship?
This can be the case with a minor whose parents are no longer in the picture, or with an adult who suffers from a physical or mental disability.
A guardianship in Ohio can be established voluntarily (for example, if an adult with a physical disability desires to have a guardian appointed to assist with his or her daily needs), or involuntarily in cases where the ward is considered legally incompetent. A guardian takes on the legal responsibility to adhere to the terms of the guardianship, and his or her activities with regard to managing the ward’s affairs are subject to oversight by a judge.
What are the primary differences between adoption and guardianship?
Adoption and guardianship proceedings establish fundamentally-different relationships, and each offers different benefits under different sets of circumstances. Some of the primary differences between adoptions and guardianships include:
With a guardianship, the ward’s relationship with his or her parents, whatever it may be, remains intact. The guardian does not take on the legal role of a parent, in contrast to a legal adopter. However, a guardian may petition the court for restrictions on the parents’ contact with the ward.
Timespan of Relationship
Under appropriate circumstances, a guardianship can be temporary (for example, if a minor needs to have a guardian appointed until he or she reaches age 18). However, adoption always establishes a permanent parent-child relationship.
Level of Obligation
With an adoption of a minor, the parents take on the responsibility to meet their adopted child’s financial needs. In contrast, while a guardian may be responsible for managing the ward’s finances, the guardian generally does not have an obligation to provide direct financial support for the ward.
Contact Laubacher & Co. for a Free Consultation
Laubacher & Co. is a Cleveland family law firm that represents individuals and families in all aspects of adoption and guardianship proceedings in Ohio. If you have questions and would like to speak with an attorney, we encourage you to call (855) 522-5569 or contact us online to schedule a free consultation.
Preparing for Divorce: What Your Lawyer Needs to Know
/in Divorce /by Eric LaubacherTalking about divorce is tough. While it gets easier as time goes on, when you are still in the process of considering your options, it can tough to admit to anyone that you are thinking about bringing your marriage to an end.
But, when it comes to speaking with your divorce lawyer, it is important to be as open as possible. This is why we strongly recommend choosing a lawyer with whom you feel comfortable discussing your personal, family and financial circumstances. In order to provide accurate advice and help you avoid mistakes that could have a detrimental impact on your divorce, your lawyer will need to have a clear understanding of all of the information that will play (or that has the potential to play) a role in the process.
What Your Lawyer Needs to Know: 7 Key Pieces of Information
With these considerations in mind, here are some of the key pieces of information your divorce lawyer will need to know:
Early in the divorce process, both spouses are legally required to exchange information about their respective assets and income. If you withhold information – accidentally or on purpose – this can have potentially significant ramifications for your divorce. In order to prepare the necessary disclosures, your lawyer will need a comprehensive picture of your current financial status.
Under Ohio law, only spouses’ “marital assets” are subject to division during their divorce. Any assets that you or your spouse owned prior to the marriage will generally be excluded (although, there are certain exceptions, and certain assets acquired during the marriage – such as those received as a personal gift or inheritance – can qualify as separate property as well). In order to help you accurately assess your options with regard to the equitable distribution of your marital estate, your attorney will need to know which assets are (and are not) on the table.
If you have children from a prior marriage or non-marital relationship, your current child support and custody arrangements could potentially impact the determination of child custody, visitation, child support and alimony in your divorce. Of course, the same holds true for your spouse as well.
Have you or your spouse moved out of the family home? Have you had any discussions about the possibility of getting divorced? Any steps that you and your spouse have already taken could have an impact on the rest of the process, so you will need to make sure your lawyer is fully up to speed.
While most divorces are filed on a no-fault basis, Ohio law still recognizes infidelity as a form of marital “fault.” Even in a no-fault divorce, infidelity can play a role in certain aspects as well.
Are you and your spouse able to have productive discussions about your relationship? Are you at least on speaking terms? Or, have communications broken down entirely? While there are ways to get combative spouses on board with mediation or the collaborative method even under highly-contentious circumstances, your attorney will need to understand the current state of affairs in order to determine the best path forward.
Finally, when preparing for a divorce, it is important to think critically about what you hope to achieve from the process. What are your goals regarding child custody and visitation? Are there specific assets you want to keep? Will you need to seek alimony? The more you can share about what you want, the more-effectively your lawyer will be able to represent your interests in your divorce.
Speak with a Cleveland Divorce Lawyer at Laubacher & Co.
If you live in the Cleveland area and are thinking about filing for divorce, we encourage you to contact us for a free, no-obligation consultation. To speak with an experienced Ohio divorce lawyer in confidence, please call (855) 516-1397 or request an appointment online today.
3 Common Questions about Post-Divorce Child-Related Matters
/in Divorce /by Eric LaubacherWhether you and your spouse agree to pursue an amicable divorce or you are forced to fight for custody of your children in court, at the end of the divorce process, you should have a clear understanding of your rights and obligations with respect to providing for and raising your children. But, as a recently-divorced parent, you are still likely to have several questions – questions which many parents facing similar circumstances have asked before.
As you prepare to go through a divorce with children in Ohio, it is important to have as much information as possible. Here are answers to three common questions about parenting after a divorce:
1. What Are Your Options if Your Children Refuse to Visit Your Former Spouse?
Despite you and your spouses’ best efforts to structure a workable parenting plan, your children may at some point want something different. If your children refuse to attend regularly-scheduled visitation with your former spouse, it is important to understand that your parenting plan (which has the effect of a court order) takes precedence over your children’s desires.
While this type of scenario can be difficult, parents must not forget that they are the adults in the relationship. Parents should not let their children dictate visitation terms any more than they should let their children stay up all night eating candy.
Here are a few things to think about:
However, if your children have a significant reason for not wanting to visit – for example, if your co-parent is abusive or habitually drunk – then this is a different story. Custody and visitation arrangements should always serve the best interests of the children. If your children are potentially unsafe during visitation, then you may need to seek a modification of your parenting plan right away.
2. Can I Legally Change My Children’s Last Name After My Divorce?
3. After a Divorce, Which Parent(s) Can Claim Their Children as Dependents for Tax Purposes?
Also according to the IRS, “[o]nly the custodial parent may claim the dependent care credit. . . [and u]sually, only the custodial parent may claim the EITC.”
However, there are some important exceptions; and, generally speaking, divorcing spouses have the ability to negotiate with regard to the tax benefits of being a parent. As you go through the divorce process, it will be important to keep these issues in mind so that you can minimize your post-divorce uncertainty as much as possible.
For more information about the child-related aspects of getting divorced in Ohio, we encourage you to read our child support and child custody FAQs.
Schedule a Free Divorce Consultation at Laubacher & Co.
If you live in the Cleveland, OH area and are contemplating a divorce, we encourage you to contact us for a free, no-obligation consultation. To speak with one of our experienced Ohio divorce lawyers in confidence, please call (855) 522-5569 or inquire online today.